Bankruptcy (Estate Charges) Amendment Act 2002 (Cth)

Bankruptcy (Estate Charges) Amendment Act 2002

No. 61, 2002

An Act to amend the Bankruptcy (Estate Charges) Act 1997 and the Bankruptcy (Estate Charges) Amendment Act 2001, and for related purposes

Contents

Bankruptcy (Estate Charges) Amendment Act 2002

No. 61, 2002

An Act to amend the Bankruptcy (Estate Charges) Act 1997 and the Bankruptcy (Estate Charges) Amendment Act 2001, and for related purposes

[Assented to 3 July 2002]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Bankruptcy (Estate Charges) Amendment Act 2002.

2Commencement

1. (1)

   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent	3 July 2002
2. Schedule 1, items 1 to 10	Immediately after section 1 of the Bankruptcy (Estate Charges) Amendment Act 2001 commences	3 July 2002
3. Schedule 1, item 11	The day on which this Act receives the Royal Assent	3 July 2002
4. Schedule 1, items 12 and 13	Immediately after section 1 of the Bankruptcy (Estate Charges) Amendment Act 2001 commences	3 July 2002

Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

1. (2)

   Column 3 of the table is for additional information that is not part of this Act. This information may be included in any published version of this Act.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments and application provisions

Part 1Amendments

Bankruptcy (Estate Charges) Act 1997

1

Subsection 5(1)

Omit “trustee”, substitute “person”.

2

Subsection 5(1A)

Omit “trustee”, substitute “person”.

3

Subsection 5(3)

Omit “trustee”, substitute “person”.

4

Subsection 6(1)

Omit “trustee” (first occurring), substitute “person”.

5

Subsection 6(1A)

Omit “trustee”, substitute “person”.

6

Subsection 6(2)

Omit “trustee”, substitute “person”.

7

Subsection 6A(1)

Omit “trustee” (wherever occurring), substitute “person”.

8

Section 7A

Omit “trustee” (wherever occurring), substitute “person”.

9

Section 7A

Omit “trustee’s”, substitute “person’s”.

Note: The heading to section 7A is altered by omitting “trustee” and substituting “person”.

10

Subsections 8(2) and (3)

Omit “trustee” (wherever occurring), substitute “person”.

Bankruptcy (Estate Charges) Amendment Act 2001

11

Section 2

Omit “at the same time as section 1 of the Bankruptcy Legislation Amendment Act 2001”, substitute “immediately after the commencement of section 1 of the Bankruptcy (Estate Charges) Amendment Act 2002”.

Part 2Application of amendments

12

Items 1 to 3

The amendments made by items 1, 2 and 3 apply to interest paid, after the commencement of those items, into the account held by a person for the purposes of section 169 of the Bankruptcy Act 1966.

13

Items 4 to 10

The amendments made by items 4, 5, 6, 7, 8, 9 and 10 apply to amounts received after the commencement of those items.

[Minister’s second reading speech made in—

House of Representatives on 21 March 2002

Senate on 19 June 2002]

(88/02)